New York Repair & Habitability Laws
New York's implied warranty of habitability under Real Prop. Law § 235-b[ not confirmed ] requires landlords to maintain all residential rentals in a condition fit for human habitation.
Key Rules
- Repair And Deduct
- Limited repair-and-deduct right; rent abatement in court proceedings is more common
- Rent Withholding
- Tenant may assert warranty of habitability breach as defense in eviction to reduce rent owed
- Notice Required
- Notice to landlord required; NYC tenants may also contact the Department of Housing Preservation and Development (HPD)
- Habitability Standards
- Weatherproofing, heat, hot water, plumbing, electrical, structural integrity, freedom from pests and lead hazards
- Nyc Specific
- NYC has more specific standards: 68°F heat Oct 1 – May 31 (6am–10pm), 55°F nighttime minimum
Some citations below have not been confirmed against their official source. Confirm current requirements with local legal aid or an attorney.
Applicable Statutes
Implied warranty of habitability: in every written or oral residential lease, landlord warrants that the premises are fit for human habitation and free from conditions dangerous to life, health, or safety.
Not confirmed against its source · checked
NYC Housing Maintenance Code: imposes specific maintenance obligations on NYC landlords including heat requirements (68°F daytime, 62°F nighttime during cold season), hot water, and structural maintenance.
Not confirmed against its source · checked
N.Y. Real Prop. Acts. & Proc. Law § 756
Rent abatement: tenant may raise warranty of habitability breach as a defense in nonpayment eviction proceedings to reduce rent to fair market value of the uninhabitable premises.
Not confirmed against its source · checked
Legal Aid Resources
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